ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007373

Parties:

Complaint(s):

Date of Adjudication Hearing: 20/09/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Preliminary Matter of Jurisdiction

The claimant was employed as a Theatre Operative with the respondent since 1991 and stated in his complaint form as follows:

“I will be 65 in July 2017 and my employer is insisting that I retire. Many of my work colleagues have been allowed to work on until 66 and I would like to have the same facility afforded to me. I am in excellent health and see no reason why I cannot continue to work in post”.

The claimant is aggrieved with the respondent’s negative reply to his request to extend his employment to age 66 when he will receive his contributory pension.

This matter is currently the subject of national discussions and review between the public sector employers and trade unions - the outcome of this review will have ramifications across the public sector. In light of the foregoing I must conclude that this is a collective issue and as a consequence I have no jurisdiction to issue a recommendation on this complaint.

Dated:   30 November 2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea